TCPA Class Action Statistics

Regardless of its actual intent, any statute that incorporates a private right of action and high statutory damages incentivizes profit-driven plaintiff litigation. This is an unfortunate fact of life in a country that prizes the rule of law, and has always been the case with the TCPA. The following statistics summarize the dramatic rise in class action litigation over the past few years, and make clear the fact that, instead of protecting the consumer, the TCPA currently functions more as a revenue stream for opportunistic attorneys.

Class Action Growth 2010-20161,273% Increase

Class Actions Defendants by Industry

National Retailers: 13%

Communications/Utilities: 10%

Hospitality/Travel: 5%

Political: 3%

Education: 3%

Construction: 3%

Social Media/Technology: 26%

Health Care/Fitness: 24%

Financial: 13%

Source: Squire Patton Boggs, 2015

Frequent FilersThese ten firms filed 2,887 cases between 2014-2017

Law Firm

Cases Filed

Morgan & Morgan, P.A.

744

Lemberg Law, LLC

557

Law Offices of Todd M. Friedman

488

Kimmel & Silverman, P.C.

260

Sulaiman Law Group, Ltd.

231

The Consumer Protection Firm, PLLC

179

Hyde & Swigart

141

Price Law Group, A.P.C.

112

Boss Law, PLLC

93

Sagaria Law, PC

82

Notable Class Action Settlements

Defendant

Amount

Year Filed

Capital One Bank

$75 Million

2012

AT&T Mobility, LLC

$45 Million

2013

Sirius XM Radio, Inc.

$35 Million

2013

Metropolitan Life Ins. Co.

$23 Million

2013

U.S. Coachways, Inc.

$49 Million

2014

HSBC Bank Nevada, N.A.

$40 Million

2014

Life Time Fitness, Inc.

$15 Million

2014

Wells Fargo Bank, N.A.

$30 Million

2015

Wells Fargo Bank, N.A.

$16 Million

2015

Bucaneers Partnership

$19 Million

2016

Caribbean Cruise Line

$76 Million

2015

Where Does The Money Go?In theory, class actions are supposed to serve justice. In practice, they serve attorneys

Average Class Action Payouts 2011-2014

Only a minuscule percentage of class members ever see a single dime of any class action settlement. As these numbers make clear, attorneys are the true beneficiaries of TCPA class actions.Source: Squire Patton Boggs, 2015